General Terms and Conditions (GTC)
§1 Scope
(1) These General Terms and Conditions (GTC) apply to the use of the consumer area on our website www.icrush.de as well as to all contracts concluded between us, the
ICRUSH GmbH
Represented by Managing Director Lei Zhang
Sülzburgstr. 11
50937 Cologne
+49 (0) 2233 94918 43
info@icrush.de
and you as our customer .
(2) All agreements made between you and us in this context arise in particular from these General Terms and Conditions, our written order confirmation and our declaration of acceptance of the contract.
(3) With regard to the General Terms and Conditions, the version of the General Terms and Conditions valid at the time of conclusion of the contract shall be decisive.
(4) Any deviating contractual terms and conditions of the customer will not be recognized unless we expressly agree to them in writing.
(5) Any references to the applicability of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions apply unless they are directly modified or expressly excluded in these Terms and Conditions.
(6) Our range of services in the consumer sector is aimed exclusively at consumers within the meaning of Section 13 of the German Civil Code (BGB). Commercial transactions as an entrepreneur are not permitted on our website.
(7) You can print and/or save these Terms and Conditions. For this purpose, this page can be saved via your browser and/or printed immediately. The Terms and Conditions can also be downloaded from our website as a PDF file.
(8) Your orders via our online shop are processed using automated order processing. You will generally be informed about the order process via email. Therefore, please ensure that the email address you provided during the order process is correct and that you are guaranteed to receive emails from us or from third parties commissioned with order processing. This applies in particular if you use spam filters.
§2 Customer account, registration, account deletion
(1) An order can be placed with or without prior registration.
(2) Registration on our website icrush.de, the creation of a customer account, and logging into it are free of charge. To protect against misuse of your data, you must "activate" your customer account for successful registration. To do so, we will send an email with an activation link to the email address used for registration. We will then confirm the successful creation of your customer account by email. If the customer account is not activated within 7 days, your data will be automatically deleted.
(3) There are no claims regarding the use, technical availability, or further development of our website. Claims regarding the contractual execution and processing of current orders remain unaffected.
(4) You are obliged to provide truthful information and, in the event of changes to your personal data, to make appropriate updates if you wish to (continue to) use our services.
(5) The disclosure of your login data to third parties is not permitted. You are obligated to treat this data confidentially and to prevent unauthorized use by third parties to a reasonable extent.
(6) Each customer may only maintain one customer account at a time. If a customer maintains additional accounts with us, we reserve the right to delete all accounts opened after the initial registration and to exclude the customer from using our services.
(7) Both you and we may delete your customer account at any time without notice and without stating reasons. To do so, you must send an email to info@icrush.de using the email address associated with your customer account, clearly stating your intention to delete your account. Legal relationships still pending remain unaffected by the deletion. This applies in particular to orders that have already been placed and are not yet completed.
(8) When deleting your customer account, your personal data generated here will also be deleted if you have submitted a request to this effect and statutory retention periods do not prevent this, or if the data is no longer required to fulfill the purpose for which it was stored, or if its storage is inadmissible for other legal reasons. The request must be sent to the address specified in Section 1.
§3 Conclusion of contract
(1) The presentation and advertising of articles in our online shop does not constitute a legally binding offer to conclude a purchase contract, but rather serves to submit a binding offer by the customer.
(2) The customer can place the selected items in the virtual shopping cart on the product page. During the checkout process, the customer will then be asked to provide the information required for the order using the online order form integrated into the online shop. Alternatively, the customer can implement the payment details stored with the payment service provider PayPal into our order process by clicking the "PayPal" ("Express") or "SEPA Direct Debit" buttons. By clicking the "Order with payment" button, the customer submits a legally binding contractual offer for the selected goods.
(3) We will promptly confirm receipt of your order placed through our online shop by an automated email ("Order Confirmation"). Such an email does not constitute a binding acceptance of the order on our part, unless we also confirm acceptance in the email.
(4) We can accept the offer within five days. This period begins on the day after you submit your offer and ends on the fifth day. The date on which the contract with us is concluded depends on the payment method you choose:
– Purchase on account with Klarna
We offer the payment method purchase on account through the payment service provider Klarna AB ("Klarna"), Sveavägen 46, Stockholm, Sweden. If you select the payment option "purchase on account," Klarna is responsible for processing the payment transaction. Therefore, please note that payment of the purchase price for your order must be made directly to Klarna. After receipt of the goods, the purchase price must be paid directly to Klarna within a payment period of 14 days. The complete terms and conditions for purchase on account can be found here ( https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0 ).
– Prepayment by credit card
When purchasing by credit card, you provide us with the necessary credit card information during the ordering process. After you have verified your identity as the legitimate cardholder, we will request your credit card company to initiate the payment transaction. The contract with us is concluded at the time your credit card is charged or we send you our order confirmation; receipt of the order confirmation is decisive. If both alternatives apply, the contract is concluded at the time one of the aforementioned alternatives occurs first.
– Prepayment via PayPal
With this payment option, you will be redirected to the website of the payment service provider PayPal, where you confirm the payment instruction with PayPal. The contract with us is concluded upon this confirmation.
– Prepayment via PayPal (“Express”)
When purchasing via PayPal "Express," you will be redirected to the PayPal payment service provider's website during the ordering process. There, you can enter your payment details and confirm the payment order to PayPal. You will then be redirected back to our website. After placing your order in the shop, we will request PayPal to initiate the payment transaction, thereby accepting your offer.
(5) The contract text with the details of your order and the General Terms and Conditions will be sent to you on a permanent data medium (email or paper printout) after the contract has been concluded. We store the contract text in compliance with data protection regulations. If you have created a customer account before placing your order, you will have the option of viewing details of your order. Please note that without a customer account, it is not possible to access the contract text from the website.
(6) The contract is concluded in German.
(7) The submission of an offer on our website is inadmissible, with the consequence that a contract cannot be concluded if
– quantities that are unusual for household use, such as those ordered through a retailer;
– the purchaser is not of legal age or fully capable of entering into legal transactions at the time the purchase offer is submitted;
– several discount codes have been combined in an unlawful manner;
(8) Before placing your order on our website, you can carefully review it for any input errors and correct your personal information, billing and delivery address, and selected payment method if necessary. You can correct your entries until the order process is completed (clicking the "Place order with payment" button).
(9) Due to the technical limitations of the display options, the ordered items may differ slightly from the goods shown within reasonable limits; in particular, there may be colour variations.
§4 Delivery / Delivery Restrictions, Availability
(1) The availability of the goods depends on the information in the respective product description, whereby we reserve the right to make technical errors in the information.
(2) The goods will be dispatched by post to the delivery address you have provided during the order process.
(3) Information on delivery times can be found at https://icrush.de/versand . The delivery time for deliveries within mainland Germany is approximately 2-5 working days. The delivery time for deliveries to other EU countries is approximately 5-10 working days. The delivery time for international deliveries outside the EU is approximately <14 days. The delivery period begins on the day after the contract is concluded and ends with the expiry of the last day of the period. If the last day of the period falls on a Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day.
(4) Delivery is usually made in a single shipment. If your order contains goods with different delivery times, we will combine the goods in a single shipment unless we have agreed otherwise with you. In the case of a single shipment, the delivery time is determined by the goods with the longest delivery time. In exceptional cases, we may ship the ordered goods in partial deliveries, provided this is reasonable for you.
(5) The shipping risk lies with us (according to the law).
(6) If the product you ordered is temporarily unavailable, we will notify you immediately in the order confirmation. If delivery is delayed by more than two weeks, you have the right to withdraw from the contract. Any payments already made will be refunded immediately. Your statutory right of withdrawal (Section 9 of the General Terms and Conditions) remains unaffected.
(7) Once your order has been packed and dispatched, you will receive an email confirmation from us with the delivery information. You can find the delivery date for the completed and dispatched goods by entering the respective tracking numbers, which we will then provide you, on the respective supplier's website.
(8) If the transport company returns the shipped goods to the seller in the event that delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This shall not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstances leading to the impossibility of delivery, or if he was temporarily prevented from accepting the offered goods, unless the seller had notified the customer of the delivery of the goods a reasonable time in advance.
§5 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§6 Prices and Shipping
(1) The prices stated in our online shop are final prices and include statutory VAT. They are exclusive of any applicable shipping costs.
(2) For deliveries within Germany, we charge no shipping costs for orders over €29. For orders under €29, we charge a flat shipping fee of €3.50. For deliveries to other EU countries, we charge a flat shipping fee of €4.90 for orders under €75; orders with an order value over €75 are shipped free of charge. For international deliveries outside the EU, we charge a flat shipping fee of €6.90 for orders under €100; orders with an order value over €100 are shipped free of charge. If shipping costs are incurred, they will be displayed in our order form. You are responsible for these costs unless you exercise your right of withdrawal.
(3) If we fulfill your order by partial delivery in accordance with Section 4, Paragraph 5, Sentence 2, you will only incur shipping costs for the first partial delivery, if applicable. If partial deliveries are made at your request, we will charge shipping costs separately for each partial delivery, if applicable.
§7 Terms of payment, offsetting and right of retention
(1) Payment can be made via PayPal, credit card, or, in the case of purchases on account, through the payment service provider Klarna. Payment of the purchase price and shipping costs are due immediately upon conclusion of the contract, with the exception of purchases on account. In this case, the due date is determined by Section 3 of this policy.
(2) In the case of payment with PayPal (PayPal Express and PayPal Direct Debit), payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. In this case, the PayPal terms of use ( https://www.paypal.com/de/webapps/mpp/ua/useragreement-full) also apply. You can access these during the ordering process, and you must confirm them before submitting your purchase offer.
(3) Alternatively, you can select the payment option "Purchase on account", which we offer through the payment service provider Klarna AB ("Klarna"), Sveavägen 46, Stockholm, Sweden. If you select the payment option "Purchase on account", Klarna is responsible for processing the payment transaction. Therefore, please note that payment of the purchase price for your order must be made directly to Klarna. After receipt of the goods, the purchase price must be paid directly to Klarna within a payment period of 14 days. The complete terms and conditions for purchase on account can be found here ( https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0 ).
(4) Offsetting against our claims is only permissible if your counterclaims have been legally established or are undisputed. Offsetting against our claims is also possible if you assert complaints about defects or counterclaims arising from the same purchase contract.
(5) A right of retention may only be asserted if your counterclaim arises from the same purchase contract.
§8 Warranty
(1) Ordered goods may differ slightly from the goods depicted within reasonable limits. Reference is made to Section 3, Paragraph 9 of these Terms and Conditions.
(2) We are liable for material and/or legal defects in delivered items in accordance with applicable statutory provisions. The statutory warranty rights apply.
(3) The seller does not provide any guarantees to the customer in the legal sense unless such guarantees have been expressly agreed upon. In cases where we provide a seller's guarantee for specific items or where manufacturers grant manufacturer's guarantees for specific items, these guarantees shall be in addition to any claims arising from material and/or legal defects within the meaning of this provision. Details of the scope of such guarantees can be found in the guarantee conditions that may be included with the respective items.
§9 Revocation
Consumers have a right of withdrawal for distance selling contracts in accordance with statutory provisions – in Austrian law, the term "right of withdrawal" is used. This link provides details on your right of withdrawal, as well as a sample withdrawal form that you can use.
§10 Redemption of gift vouchers
(1) You can purchase gift vouchers through our online shop, which you can redeem for purchases in our online shop and in our stores. We reserve the right to verify the authenticity of the vouchers upon redemption.
(2) These gift vouchers and any remaining balance on corresponding gift vouchers are redeemable until the end of the third year following the year in which the voucher was purchased (hereinafter: "Expiration Date"). Any remaining balance will be credited to you until the expiration date.
(3) For orders placed through our online shop, gift vouchers can only be redeemed at the appropriate point before completing the order process. A credit check cannot be applied after clicking the "Place order with payment" button.
(4) Only one gift voucher can be redeemed per order.
(5) Gift vouchers can only be used to purchase goods. They cannot be used to purchase additional gift vouchers.
(6) In the event that the value of the goods ordered exceeds the (remaining) balance of the gift voucher, you can choose one of the payment methods offered by us to pay the difference.
(7) The balance of a gift voucher will not be paid out in cash or bear interest.
(8) The gift voucher is transferable. The seller may discharge the respective holder's obligations by making a payment to the respective holder who redeems the gift voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, legal incapacity, or lack of authority to represent the respective holder.
§11 Liability
(1) In all cases of contractual and non-contractual liability for intent and gross negligence, this shall be governed by the statutory provisions for damages or reimbursement of wasted expenses. The same applies to our legal representatives and the vicarious agents employed by us.
(2) In cases of simple negligence, we shall be liable – unless otherwise provided in Section 3 of this provision – only for breaches of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you as a customer may regularly rely (so-called cardinal obligation), and limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provisions of Section 3 of this provision.
(3) Our liability for damages resulting from injury to life, body or health, under the Product Liability Act and in the case of the assumption of a guarantee remains unaffected by the above limitations or exclusions of liability.
§12 Copyright/Usage Rights
We hold the copyright and usage rights to all images, films, and texts published in our online shop. Use of these works is not permitted without the express consent of the rights holder.
§13 Final provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If, at the time of your order, you have your habitual residence in a country other than the Federal Republic of Germany, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(2) Even if individual provisions are legally invalid, the remaining parts of the contract remain valid. The invalid provisions shall be replaced, where applicable, by the statutory provisions. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.
(3) According to EU Regulation No. 524/2013 on online dispute resolution in consumer matters, since January 9, 2016, consumers have had the option of settling disputes with businesses in connection with online sales contracts or online service contracts out of court via an online dispute resolution platform (ODR platform). This platform was set up by the EU Commission and can be accessed via the following link: http://ec.europa.eu/consumers/odr/ . We do not currently participate in such dispute resolution. Should you have any questions or problems with your order, we are of course also available to you in this context at service@icrush.de.